House Introduced Bill 5329

HOUSE BILL No. 5329

October 30, 1997, Introduced by Reps. Leland, Hale, Law and Kelly and referred to the Committee on Appropriations.

A bill to amend 1974 PA 150, entitled

"Youth rehabilitation services act,"

by amending the title and sections 2, 3, 4, 5, 6, 6a, 7, 7a, and

8 (MCL 803.302, 803.303, 803.304, 803.305, 803.306, 803.306a,

803.307, 803.307a, and 803.308), the title as amended and section

7a as added by 1996 PA 512, sections 2, 5, and 7 as amended by

1996 PA 417, section 4 as amended by 1988 PA 76, and section 6a

as added by 1996 PA 481, and by adding section 2a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 TITLE

2 An act to provide for the acceptance, care, and discharge of

3 youths committed to the department as state AS PUBLIC wards; to

4 prescribe the liability of counties for the cost of services

5 for state PUBLIC wards; to prescribe procedures for the return

6 of state PUBLIC wards who absent themselves without permission;

03598'97 * JOJ
2

1 to provide a penalty for the violation of this act; and to repeal

2 acts and parts of acts.

3 Sec. 2. As used in this act:

4 (A) "COUNTY JUVENILE AGENCY" MEANS THAT TERM AS DEFINED IN

5 SECTION 2 OF THE COUNTY JUVENILE AGENCY ACT.

6 (B) (a) "Department" means the family independence

7 agency.

8 (C) (b) "State "PUBLIC ward" means either of the

9 following:

10 (i) A person YOUTH accepted for care by the department A

11 YOUTH AGENCY who is at least 12 years of age at the time WHEN

12 committed to the department YOUTH AGENCY by the juvenile divi-

13 sion of the probate court or the family division of circuit court

14 under section 18(1)(e) of chapter XIIA of Act No. 288 of the

15 Public Acts of 1939, being section 712A.18 of the Michigan

16 Compiled Laws 1939 PA 288, MCL 712A.18, if the court acquired

17 jurisdiction over the person YOUTH under section 2(a) or (d) of

18 chapter XIIA of Act No. 288 of the Public Acts of 1939, being

19 section 712A.2 of the Michigan Compiled Laws 1939 PA 288,

20 MCL 712A.2, and if the act for which the youth is committed

21 occurred before his or her seventeenth birthday.

22 (ii) A person YOUTH accepted for care by the department

23 A YOUTH AGENCY who is at least 14 years of age at the time WHEN

24 committed to the department YOUTH AGENCY by the A court of

25 general criminal jurisdiction under section 1 of chapter IX of

26 the code of criminal procedure, Act No. 175 of the Public Acts

27 of 1927, being section 769.1 of the Michigan Compiled Laws 1927

03598'97 *
3

1 PA 175, MCL 769.1, if the act for which the person YOUTH is

2 committed occurred before his or her seventeenth birthday.

3 (D) "YOUTH AGENCY" MEANS EITHER THE DEPARTMENT OR A COUNTY

4 JUVENILE AGENCY, WHICHEVER HAS RESPONSIBILITY OVER A PUBLIC WARD.

5 SEC. 2A. (1) ON THE DATE A COUNTY BECOMES A COUNTY JUVENILE

6 AGENCY UNDER THE COUNTY JUVENILE AGENCY ACT, THE COUNTY JUVENILE

7 AGENCY SHALL ASSUME RESPONSIBILITY FOR ALL PUBLIC WARDS FOR WHICH

8 THE DEPARTMENT HAD RESPONSIBILITY AND FOR WHICH THE COUNTY HAD

9 FINANCIAL LIABILITY UNDER SECTION 5 IMMEDIATELY BEFORE THE COUNTY

10 BECAME A COUNTY JUVENILE AGENCY.

11 (2) IF THE COUNTY REVOKES AUTHORIZATION FOR THE COUNTY JUVE-

12 NILE AGENCY UNDER THE COUNTY JUVENILE AGENCY ACT, THE DEPARTMENT

13 SHALL ASSUME RESPONSIBILITY FOR THE PUBLIC WARDS FOR WHICH THE

14 COUNTY JUVENILE AGENCY HAD RESPONSIBILITY ON THE EFFECTIVE DATE

15 OF REVOCATION.

16 SEC. 3. (1) The department A YOUTH AGENCY may receive and

17 accept youths as state PUBLIC wards for purposes of care and

18 rehabilitation. The department A YOUTH AGENCY shall accept a

19 youth properly committed to it in accordance with law. The

20 ONLY 1 YOUTH AGENCY HAS RESPONSIBILITY FOR A YOUTH AT ANY TIME.

21 THE DEPARTMENT SHALL NOT RECEIVE OR ACCEPT YOUTHS AS PUBLIC WARDS

22 FOR A COUNTY IF THAT COUNTY IS A COUNTY JUVENILE AGENCY THAT

23 ASSUMED RESPONSIBILITY FOR PUBLIC WARDS COMMITTED BY THE JUVENILE

24 DIVISION OF PROBATE COURT, FAMILY DIVISION OF CIRCUIT COURT, OR

25 COURT OF GENERAL CRIMINAL JURISDICTION FOR THAT COUNTY.

26 (2) CUSTODY OF A PUBLIC WARD UNDER THIS ACT IS AS FOLLOWS:

03598'97 *
4

1 (A) IF THE DEPARTMENT ACCEPTS THE YOUTH OR RESPONSIBILITY

2 FOR THE YOUTH IS TRANSFERRED TO THE DEPARTMENT AS PROVIDED IN

3 SECTION 2A, THE state, represented by the DEPARTMENT director of

4 the department or his OR HER designate, shall have custody of a

5 youth accepted as a state ward under this act HAS CUSTODY from

6 the time of acceptance until the youth is discharged from ward-

7 ship pursuant to UNDER section 7 OR RESPONSIBILITY FOR THE

8 YOUTH IS TRANSFERRED TO A COUNTY JUVENILE AGENCY UNDER

9 SECTION 2A.

10 (B) IF A COUNTY JUVENILE AGENCY ACCEPTS THE YOUTH OR RESPON-

11 SIBILITY FOR THE YOUTH IS TRANSFERRED TO THE COUNTY JUVENILE

12 AGENCY UNDER SECTION 2A, THE COUNTY HAS CUSTODY FROM THE TIME OF

13 ACCEPTANCE OR TRANSFER UNTIL THE YOUTH IS DISCHARGED FROM WARD-

14 SHIP UNDER SECTION 7 OR RESPONSIBILITY FOR THE YOUTH IS TRANS-

15 FERRED TO THE DEPARTMENT UNDER SECTION 2A. FOR CUSTODY PURPOSES,

16 THE COUNTY IS REPRESENTED BY THE COUNTY DEPARTMENT DIRECTOR DES-

17 IGNATED BY THE FOLLOWING:

18 (i) FOR A COUNTY THAT HAS ADOPTED A CHARTER UNDER 1966 PA

19 293, MCL 45.501 TO 45.521, THE COUNTY EXECUTIVE OR CHIEF ADMINIS-

20 TRATIVE OFFICER.

21 (ii) FOR A COUNTY THAT HAS ADOPTED AN OPTIONAL UNIFIED FORM

22 OF COUNTY GOVERNMENT UNDER 1973 PA 139, MCL 45.551 TO 45.573, THE

23 COUNTY EXECUTIVE OR COUNTY MANAGER.

24 (iii) FOR A COUNTY NOT DESCRIBED IN SUBPARAGRAPH (i) OR

25 (ii), THE COUNTY BOARD OF COMMISSIONERS.

26 (3) If a state PUBLIC ward is placed in a residential

27 facility other than his OR HER own home, the department YOUTH

03598'97 *
5

1 AGENCY shall provide the YOUTH'S food, clothing, housing,

2 educational, medical, and treatment needs. of the youth. The

3 department YOUTH AGENCY may consent to routine , non-surgical

4 NONSURGICAL medical care or TO emergency medical treatment of the

5 youth, but consent for non-emergency, NONEMERGENCY elective

6 surgery shall be given by the ward's YOUTH'S parent or

7 parents or legal guardian. If a state PUBLIC ward is placed

8 in his OR HER own home, the department YOUTH AGENCY shall pro-

9 vide counseling services and may establish reasonable conditions

10 under which the youth will be permitted to remain in his own

11 THE home, but THE YOUTH'S PARENTS RETAIN all other parental

12 rights and duties. shall be retained by the ward's parent or

13 parents.

14 Sec. 4. (1) The department A YOUTH AGENCY may establish

15 facilities and programs for the care of state PUBLIC wards.

16 The department A YOUTH AGENCY shall supervise and operate

17 state facilities and programs or contract for the care of

18 state PUBLIC wards, including institutions, halfway houses,

19 youth camps, diagnostic centers, regional detention facilities

20 and treatment centers, group homes, supervision in the community,

21 or other child welfare services.

22 (2) The department A YOUTH AGENCY may utilize the facili-

23 ties, services, and OR personnel of any approved agency of this

24 state and its political subdivisions or of any licensed private

25 agency for the care and rehabilitation of state PUBLIC wards.

26 The department A YOUTH AGENCY may contract with the juvenile

03598'97 *
6

1 FAMILY division of the probate CIRCUIT court for the care and

2 rehabilitation of state PUBLIC wards.

3 (3) The department A YOUTH AGENCY may supervise a state

4 PUBLIC ward placed in private home care.

5 (4) A state PUBLIC ward under this act may be placed in

6 any facility, residence, or program described in this section.

7 If the department YOUTH AGENCY determines the best interests of

8 a state PUBLIC ward require the involvement of another state

9 agency OR COUNTY ENTITY, other than the department of correc-

10 tions, then the department, together with that YOUTH agency ,

11 AND THAT STATE OR COUNTY ENTITY shall determine an appropriate

12 care and treatment plan for the state PUBLIC ward. A state

13 YOUTH AGENCY MAY PLACE A PUBLIC ward may be placed in a mental

14 institution by the department pursuant to UNDER the mental

15 health code, Act No. 258 of the Public Acts of 1974, being sec-

16 tions 330.1001 to 330.2106 of the Michigan Compiled Laws, except

17 when 1974 PA 258, MCL 330.1001 TO 330.2106, UNLESS the state

18 PUBLIC ward resides with his or her parents. If the state

19 PUBLIC ward resides with his or her parents, placement in a

20 mental institution shall be with the REQUIRES consent of the

21 custodial parent. If such placement IN A MENTAL INSTITUTION

22 occurs, the state PUBLIC ward shall be returned to the YOUTH

23 AGENCY'S custody of the department upon release from the mental

24 institution.

25 (5) When necessary, the department A YOUTH AGENCY may

26 place a state PUBLIC ward in a public or private institution or

27 agency incorporated under the laws of another state or country

03598'97 *
7

1 and approved or licensed by that state's or country's department

2 of social welfare or equivalent approving or licensing agency

3 THAT IS EQUIVALENT TO THE DEPARTMENT.

4 Sec. 5. (1) The EXCEPT AS PROVIDED IN SUBSECTION (3), THE

5 county from which the state PUBLIC ward is committed is liable

6 to the state for 50% of the cost of his or her care, but this

7 amount may be reduced by the use of funds from the annual origi-

8 nal foster care grant of the state to the county, or otherwise,

9 for any period in respect to which the department has made a

10 finding that the county is unable to bear 50% of the cost of

11 care. If the department reduces a county's liability under this

12 section, the director shall inform the respective chairpersons of

13 the appropriations committees of the senate and house of repre-

14 sentatives at least 14 days before granting the reduction. The

15 county of residence of the state PUBLIC ward is liable to the

16 state, rather than the county from which the youth was committed,

17 if the juvenile division of the probate court or the family divi-

18 sion of circuit court of the county of residence withheld consent

19 to a transfer of proceedings under section 2 of chapter XIIA of

20 Act No. 288 of the Public Acts of 1939, being section 712A.2 of

21 the Michigan Compiled Laws 1939 PA 288, MCL 712A.2, as deter-

22 mined by the department. The finding that the county is unable

23 to bear 50% of the expense shall be based on a study of the

24 financial resources and necessary expenditures of the county made

25 by the department.

26 (2) The DEPARTMENT SHALL DETERMINE THE cost of care shall

27 be determined by the department on a per diem basis using the

03598'97 *
8

1 initial annual allotment of appropriations for the current fiscal

2 year exclusive of capital outlay and the projected occupancy fig-

3 ures upon which that allotment was based. The THAT cost of

4 care so determined applies in determining required reimburse-

5 ment to the state for care provided during the calendar year

6 immediately following the beginning of the current fiscal year

7 for which the state expenditures were allotted.

8 (3) A COUNTY THAT IS A COUNTY JUVENILE AGENCY IS LIABLE FOR

9 THE ENTIRE COST OF A PUBLIC WARD'S CARE WHILE HE OR SHE IS COM-

10 MITTED TO THE COUNTY JUVENILE AGENCY.

11 Sec. 6. (1) A state PUBLIC ward shall not absent himself

12 OR HERSELF from the facility or residence in which he OR SHE has

13 been placed without THE YOUTH AGENCY'S prior approval. of the

14 department. A state PUBLIC ward who violates this provision

15 may be returned to the facility in which he OR SHE was placed by

16 a peace officer without A warrant. A person having knowledge

17 of WHO KNOWS the whereabouts of a state PUBLIC ward who vio-

18 lates this provision SUBSECTION shall immediately notify the

19 department YOUTH AGENCY and the nearest peace officer.

20 (2) A person who induces or assists a state PUBLIC ward to

21 violate subsection (1) or who fails to give the notice required

22 in subsection (1) is guilty of a misdemeanor PUNISHABLE BY

23 IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN

24 $100.00, OR BOTH.

25 Sec. 6a. (1) If a state PUBLIC ward described in subsec-

26 tion (2) escapes from a facility or residence in which he or she

27 has been placed, other than his or her own home or the home of

03598'97 *
9

1 his or her parent or guardian, the individual at that facility or

2 residence having responsibility RESPONSIBLE for maintaining

3 custody of the state PUBLIC ward at the time of the escape

4 shall immediately notify 1 of the following of the escape or

5 cause 1 of the following to be immediately notified of the

6 escape:

7 (a) If the escape occurs in a city, village, or township

8 that has a police department, the THAT police department. of

9 that city, village, or township.

10 (b) Except as provided in IF subdivision (a) DOES NOT

11 APPLY, 1 of the following:

12 (i) The sheriff department of the county in which WHERE

13 the escape occurs.

14 (ii) The department of state police post having jurisdiction

15 over the area in which WHERE the escape occurs.

16 (2) Subsection (1) applies if the state PUBLIC ward is a

17 state PUBLIC ward pursuant to UNDER an order of any of the

18 following:

19 (a) The juvenile division of the probate court or the family

20 division of circuit court under section 2(a)(1) of chapter XIIA

21 of Act No. 288 of the Public Acts of 1939, being section 712A.2

22 of the Michigan Compiled Laws 1939 PA 288, MCL 712A.2.

23 (b) The circuit court under section 606 of the revised judi-

24 cature act of 1961, Act No. 236 of the Public Acts of 1961,

25 being section 600.606 of the Michigan Compiled Laws 1961 PA 236,

26 MCL 600.606.

03598'97 *
10

1 (c) The recorder's court of the city of Detroit under

2 section 10a(1)(c) of Act No. 369 of the Public Acts of 1919,

3 being section 725.10a of the Michigan Compiled Laws 1919 PA 369,

4 MCL 725.10A.

5 (3) A police agency that receives notification of an escape

6 under subsection (1) shall enter that notification into the law

7 enforcement information network without undue delay.

8 (4) As used in this section, "escape" means to leave without

9 lawful authority or to fail to return to custody when required.

10 Sec. 7. (1) A youth accepted by the department shall

11 remain A YOUTH AGENCY REMAINS A PUBLIC ward of the state

12 until discharged from state PUBLIC wardship with the approval

13 of any of the following and, if placed in an institution, shall

14 remain until released with the approval of any of the following:

15 (a) If the youth was committed to the department under sec-

16 tion 18(1)(e) of chapter XIIA of Act No. 288 of the Public Acts

17 of 1939, being section 712A.18 of the Michigan Compiled Laws, for

18 an offense that, if committed by an adult, would be punishable by

19 imprisonment for more than 1 year or an offense expressly desig-

20 nated by law to be a felony, with the approval of the family

21 division of circuit court.

22 (A) (b) If the youth was committed to the department A

23 YOUTH AGENCY under section 18(1)(e) of chapter XIIA of Act

24 No. 288 of the Public Acts of 1939 1939 PA 288, MCL 712A.18, and

25 the youth was adjudicated as being in the court's jurisdiction

26 under section 2(a) of chapter XIIA of Act No. 288 of the Public

27 Acts of 1939, being section 712A.2 of the Michigan Compiled Laws

03598'97 *
11

1 1939 PA 288, MCL 712A.2, with the approval of the family division

2 of circuit court. This subdivision takes effect June 1, 1991

3 and applies to a youth in the custody of the department on or

4 after that date regardless of when the youth was committed to the

5 department.

6 (B) (c) If the youth was committed to the department A

7 YOUTH AGENCY under section 1 of chapter IX of the code of crimi-

8 nal procedure, Act No. 175 of the Public Acts of 1927, being

9 section 769.1 of the Michigan Compiled Laws 1927 PA 175,

10 MCL 769.1, with the approval of the court of general criminal

11 jurisdiction under section 1b of chapter IX of the code of crimi-

12 nal procedure, Act No. 175 of the Public Acts of 1927, being

13 section 769.1b of the Michigan Compiled Laws 1927 PA 175,

14 MCL 769.1B.

15 (2) Except as otherwise provided in this section, a youth

16 accepted as a state PUBLIC ward shall be automatically dis-

17 charged from state PUBLIC wardship upon reaching the age of

18 19. Except as provided in subsection (3), a youth committed to

19 the department A YOUTH AGENCY under section 18(1)(e) of chapter

20 XIIA of Act No. 288 of the Public Acts of 1939 1939 PA 288,

21 MCL 712A.18, for an offense that, if committed by an adult, would

22 be a violation or attempted violation of section 72, 83, 84, 86,

23 88, 89, 91, 110a(2), 186a, 316, 317, 349, 520b, 520c, 520d, 520g,

24 529, 529a, 530, or 531 of the Michigan penal code, Act No. 328

25 of the Public Acts of 1931, being sections 1931 PA 328, MCL

26 750.72, 750.83, 750.84, 750.86, 750.88, 750.89, 750.91, 750.110a,

27 750.186a, 750.316, 750.317, 750.349, 750.520b, 750.520c,

03598'97 *
12

1 750.520d, 750.520g, 750.529, 750.529a, 750.530, and 750.531, of

2 the Michigan Compiled Laws, or section 7401(2)(a)(i) or

3 7403(2)(a)(i) of the public health code, Act No. 368 of the

4 Public Acts of 1978, being sections 333.7401 and 333.7403 of the

5 Michigan Compiled Laws 1978 PA 368, MCL 333.7401 AND 333.7403,

6 shall be automatically discharged from state PUBLIC wardship

7 upon reaching the age of 21. Except as provided in

8 subsection (4), a youth committed to the department A YOUTH

9 AGENCY under section 1 of chapter IX of Act No. 175 of the

10 Public Acts of 1927 THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175,

11 MCL 769.1, shall be automatically discharged from state PUBLIC

12 wardship upon reaching the age of 21.

13 (3) If the family division of circuit court imposes a

14 delayed sentence on the youth under section 18(1)(n) of chapter

15 XIIA of Act No. 288 of the Public Acts of 1939 1939 PA 288,

16 MCL 712A.18, the youth shall be discharged from state PUBLIC

17 wardship and committed under the court's order.

18 (4) If a court of general criminal jurisdiction sentences

19 the youth to a sentence provided by law for an adult offender

20 under section 1b of chapter IX of Act No. 175 of the Public Acts

21 of 1927 THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 769.1B,

22 the youth shall be discharged from state PUBLIC wardship and

23 committed under the court's order.

24 Sec. 7a. (1) A state PUBLIC ward under the A YOUTH

25 AGENCY'S jurisdiction of the department for a violation of sec-

26 tion 91, 316, or 317 of the Michigan penal code, Act No. 328 of

27 the Public Acts of 1931, being sections 1931 PA 328, MCL 750.91,

03598'97 *
13

1 750.316, and 750.317, of the Michigan Compiled Laws, or a

2 violation or attempted violation of section 349, 520b, 520c,

3 520d, 520e, or 520g of Act No. 328 of the Public Acts of 1931,

4 being sections THE MICHIGAN PENAL CODE, 1931 PA 328, MCL

5 750.349, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g,

6 of the Michigan Compiled Laws, shall not be placed in a commu-

7 nity placement of any kind and shall not be discharged from ward-

8 ship until he or she has provided samples for chemical testing

9 for DNA identification profiling or a determination of the

10 sample's genetic markers and has provided samples for a determi-

11 nation of his or her secretor status. However, if at the time

12 the state PUBLIC ward is to be discharged from state PUBLIC

13 wardship the department of state police already has a sample from

14 the state PUBLIC ward that meets the requirements of the rules

15 promulgated under the DNA identification profiling system act,

16 Act No. 250 of the Public Acts of 1990, being sections 28.171 to

17 28.176 of the Michigan Compiled Laws 1990 PA 250, MCL 28.171 TO

18 28.176, the state PUBLIC ward is not required to provide

19 another sample.

20 (2) The samples required to be collected under this section

21 shall be collected by the department YOUTH AGENCY and transmit-

22 ted by the department to the department of state police in the

23 manner prescribed by rules promulgated under the DNA identifica-

24 tion profiling system act, Act No. 250 of the Public Acts of

25 1990 1990 PA 250, MCL 28.171 TO 28.176.

26 (3) The department YOUTH AGENCY may collect a sample under

27 this section regardless of whether the state PUBLIC ward

03598'97 *
14

1 consents to the collection. The department YOUTH AGENCY is not

2 required to give the state PUBLIC ward an opportunity for a

3 hearing or obtain a court order before collecting the sample.

4 (4) As used in this section, "sample" means a portion of a

5 state PUBLIC ward's blood, saliva, or tissue collected from the

6 state PUBLIC ward.

7 Sec. 8. All records of the department A YOUTH AGENCY per-

8 taining to a state PUBLIC ward are confidential and shall not

9 be made public unless EXCEPT AS FOLLOWS:

10 (a) If the person is under the LESS THAN 18 YEARS OF age,

11 of majority, by the AGENCY'S authorization of the department

12 when deemed necessary for the PERSON'S best interests. of the

13 youth.

14 (b) If the person has attained the age of majority IS 18

15 YEARS OF AGE OR OLDER, by his OR HER consent.

16 Enacting section 1. This amendatory act does not take

17 effect unless the United States department of health and human

18 services grants part 3 of the family independence agency's waiver

19 filed under the child welfare demonstration project to permit a

20 transfer of title IV-E funding from the state to 1 or more coun-

21 ties and the family independence agency files with the secretary

22 of state a certification that the necessary waiver was granted.

23 Enacting section 2. This amendatory act does not take

24 effect unless all of the following bills of the 89th Legislature

25 are enacted into law:

26 (a) Senate Bill No. _____ or House Bill No. _____ (request

27 no. 03597'97 *).

03598'97 *
15

1 (b) Senate Bill No. _____ or House Bill No. _____ (request

2 no. 03598'97 a *).

3 (c) Senate Bill No. _____ or House Bill No. _____ (request

4 no. 03598'97 b *).

5 (d) Senate Bill No. _____ or House Bill No. _____ (request

6 no. 03599'97 *).

7 (e) Senate Bill No. _____ or House Bill No. _____ (request

8 no. 03644'97 *).

9 (f) Senate Bill No. _____ or House Bill No. _____ (request

10 no. 03917'97 *).

03598'97 * Final page. JOJ